July 1650

[11 July, 1650.]

The Parliament of England finding it necessary, That the
Commonwealth be put into a posture of Defence, for the Preservation of the Peace and Liberties of the People, after so much Blood
and Treasure spent in the obtaining thereof, against the Endeavours, Conspiracies and Practises of divers Parties and Interests,
differing in themselves, yet united under several specious pretences,
all tending to the utter over-throw of the Safety of the Nation:
And although acknowledging (which they desire with all thankfulness may ever be remembered) That Designs of this nature,
Almighty God, by a high and merciful hand of Providence, hath
usually blasted and brought to nought; yet judging it requisite,

Militia Commissioners to observe following instructions.

That the Commonwealth be not wanting to itself in the use of
means tending to its own preservation and just Defence, and conceiving it their duty to make fitting provision accordingly with a
dependence upon the same Divine Goodness for a Blessing upon
their Endeavours, Hold fit to Ordain and Enact, and be it Enacted
and Ordained by this present Parliament, and by the authority
thereof, That the Commissioners for the Militia in the several
Counties and places of England and Wales, which now are or hereafter shall be appointed by the Parliament or Councel of State,
according to Order of Parliament in that behalf, in their several
precincts and places, shall observe and put in execution these Instructions following.:

To meet monthly at least.

First, The said Commissioners, or any three or more of them,
residing in the several Counties, cities or Towns, &c. shall meet
the first Tuesday in every Moneth in some convenient place within
their respective counties, cities and towns, and so from time to
time, or oftener, if need shall so require, within their several limits
&c. at such time and place as shall be in that behalf appointed.

To subscribe to the late engagement, and cause all officers and soldiers so to do.; Proviso.

Secondly, The said Commissioners and every of them, who have
not already taken it, are before they act upon these Instructions,
to subscribe the late Engagement appointed by the Parliament,
To be true and faithful to the Commonwealth of England, as it is
now Established, without a King or House of Lords, in the presence
of any three of the said Commissioners; and then any two or more
of them are to cause the same Engagement to be Subscribed before
them, or any two such persons as by the said Commissioners or
any two or more of them shall be appointed, by such Colonels,
Lieutenant-Colonels, Majors and Captains, and by such other
Officers, Troopers and Common Soldiers, whom they shall think
fit to be trusted with Commands or Arms; and then the said FieldOfficers and Captains which have not been already Commissionated
and Approved of by the Councel of State, are to be recommended
by the said Commissioners, or any three or more of them, to the
said Councel, to have Commissions, if they shall approve of them;
which being granted, Then any three or more of the said Commissioners may grant Commissions to the inferior Officers, which
are first to be recommended to them by such Field Officer or Officers,
(or where none such are, by such Captains respectively as are
Commissionated as aforesaid) for their approbation, and if they
approve of them, they are to grant them Commissions accordingly.
Provided that the Councel of State, as they see occasion, may alter or
change the said Commissioners; and also Colonels, Lieutenant
Colonels, Majors, Captains, or other Officers, and put other fit
persons in their rooms.

To search out and repress conspiracies.

Thirdly, The said Commissioners or any two of them, are by all
good ways and means to inform themselves, and from time to time
to take from others Informations, and Examinations upon Oath
(which Oath they have hereby power to administer) of all Con
spiracies, Designs, Practises, secret and suspitious Meetings of
disaffected persons, whether expressed by words or actions, spoken,
printed, preached, written or published wheresoever, against the
Peace and Welfare of the Commonwealth, by securing, dispersing
or committing to prison the parties whom they finde to be especially
active and dangerous, or to use any other lawful ways and means
for the dispersing or securing of them, in order to be brought to
Justice as they shall see cause.

To disarm and punish Papists and other ill-affected persons.

Fourthly, The said Commissioners or any three or more of them,
are authorized and required to disarm and secure (by Imprisonment or otherwise) all Papists, and other ill-affected persons that
have of late appeared, or shall declare themselves in their words
or actions against this present Parliament, or against the present
Government established; or have or shall hold correspondency
with Charls Stuart, the Son of the late King, or any of his party,
or with any other person or Nation, tending to the disturbance,
Subversion or Alteration of this present Government, or have or
shall minister any Supplies to the Enemies of the Commonwealth;
or raise or endeavour to the raising of any Tumults, Mutinies or
Insurrections, and to cause them to be dealt with according to Law,
and their several demerits.

To charge fit persons with horse and arms.
To hear complaints and give redress.

Fifthly, That any three or more of the Commissioners shall have
full Power and authority to charge any person with Horse and
Arms, in the same county, shire, city or Town Corporate, where
his, her or their usual place of residence is or hath been, having
respect unto, and not exceeding the limitations and proportions
hereafter mentioned; that is to say, No person shall be charged
with Horse or Arms, unless such person have the yearly Revenue
of Two hundred pounds per annum, or have a Personal Estate of
Two thousand pounds in Goods or Moneys, or an Estate equivalent
thereunto, and so proportionably, as the Commissioners in their
discretion shall see cause and think reasonable; Nor shall any
person be charged with a Dragoon-horse and Arms unless such
person have the yearly Revenue of Two hundred marks per annum,
or who shall be worth Two thousand marks in moneys, or other
Personal Estate, or an Estate equivalent: And the said Commissioners are not to charge any person with the finding of a whole
Foot-Arms, that hath not a yearly Revenue of Twenty pounds per
annum, or a Personal Estate of Two hundred pounds in Goods or
Moneys; And after the aforesaid Rates proportionably, for a greater
or lesser Revenue or Estate, it shall be lawful to and for the said
Commissioners or any three or more of them, to impose the finding
and providing of Horse and Arms as aforesaid, by joyning two,
three or more persons together in the charge, as to their judgments
shall appear most conducible to the Service of the Commonwealth.
Provided, That no person who hath not Ten pounds a year in Lands,
Tenements or Hereditaments, Leasehold or Copy-hold, or a Personal
Estate worth Two hundred Pounds, shall be compellable to contribute
in finding Foot-arms as aforesaid; And that no person who hath
not One hundred pounds per annum in Lands, Tenements or
Hereditaments, Leasehold or Copyhold, shall be compellable to
contribute in finding a Horse, with Arms, or a Dragoon: And the
said Commissioners or any three or more of them, have power to
Hear and Examine complaints upon Oath (which Oath they have
hereby power to administer) and to give redress as there shall be
cause.

To see to disposal of horses and arms,; Training of troops, etc.

Sixthly, The said Commissioners or any three or more of them,
are to take care that such Horse and Arms as are so charged, and
to be provided as aforesaid (and all such other Horse and Arms
as they shall hold fit to make use of for the service of the Commonwealth) upon all occasions of Muster and Service, and during the
time of any Insurrection or Invasion in their respective counties,
cities, &c. be put into the hands of such well-affected persons, and
fit for war, as the said Commissioners or any three or more of them
shall approve of; which person and persons are hereby required to
serve with such horses and Arms accordingly; and that such
persons be Listed, Trained and Mustered in several Troops and
Companies, and formed into Regiments: And the said Commissioners or any three or them are hereby authorized and required
to cause the said Forces to be drawn out, and used for suppressing
and resisting all Invasions, Insurrections and Rebellions in their
several Precincts within this Commonwealth, and to bring to
condign punishment the Enemies of the same; And shall for that
purpose from time to time keep correspondency, as occasion shall
be, with the chief commanders of the Parliaments other Forces
in the respective counties, cities or towns adjacent, and act and
proceed further, as they shall from time to time receive orders from
the Parliament, or Councel of State setled by their Authority.

To require daily allowance for soldiers from persons charged therewith.; To impose rates, if needful, for ammunition, etc.
Special directions for soldiers' pay by persons charged, in case of emergency.; And for repayment of the same.

Seventhly, That the said Commissioners or any three or more
of them in their several counties, &c. shall require and direct all
persons so charged with Horse and Arms as aforesaid, to allow Two
shillings a day to the Troopers that serve with their Horse and Arms,
for the maintenance of the Man and Horse, and Twelve pence a day
to their Foot-soldiers, for so many days as they shall be absent from
their Dwellings and Callings by occasion of Muster or Exercise;
And for furnishing Drums, Colours, Trophies, Ammunition and
other Emergencies, the said Commissioners or any three or more
of them, shall have power to lay a fitting Rate upon their respective
Counties, not exceeding in one whole year the proportion of one
Moneths Assessment in each county, after the Rate of Ninety
thousand pounds per Mensem, charged for pay of the Army
which Moneys are to be Assessed, collected and paid,
according to such Instructions as shall be given from time to
time by the Councel of State, unto the Officers by the
said Commissioners to be appointed, under the Penalties.
and by the ways and means in the Acts prescribed for the Ninety
thousand pounds per mensem; And in case of sudden Exigence for
Resisting or Suppressing of Invasion or Insurrection, whereby
occasion will be to draw out such Soldiers into actual Service, The
persons so charged as aforesaid, shall provide each their soldier
respectively, with pay in hand, not exceeding one Moneths pay
as shall be in that behalf directed by the said Commissioners, or any
three or more of them: For repayment of which said Moneys, and
for satisfaction of the Commanders and Officers for their pay during
such time, not exceeding one Moneth as aforesaid, as they shall
be with their Soldiers in such said actual Service, The Parliament
doth hereby Declare, That provision shall be made for the same
forth of the Publique Treasury, and like course taken for pay and
encouragement both of Officers and Soldiers, if they shall be continued upon longer actual service, as is provided for the Army
Forces under the immediate conduct and command of the Lord
General.

Commissioners may charge vehicles and horses for carrying ammunition.; Imprison and punish mutineers and disorderly soldiers.; Power to fine persons defaulting.; To levy fines on refusal to pay.; To fine constables for refusal to levy fines.;
Commissioners to appoint Marshal for each regiment.; Disposal of fines.; Officers' salaries.

Eighthly, The said Commissioners or any three of them, may
charge Carts, Waggons, Wains, and Horses, for the carrying of
Powder, Match, Bullet, and other Materials, allowing Two pence
the mile outward onely to every such Cart, Waggon and Wain so
taken upon the marching of any Regiment, Company or Troop,
upon occasion of Invasion, Insurrection, &c. and shall and may
imprison Mutineers and disordered Persons, and such as do not
their Duties as common Soldiers at the day of the Muster and
Training, shall and may be by them punished for every such offence,
Five shillings, or Twenty days Imprisonment, without Bail or
Mainprize; and when drawn out, and upon actual Service, occasioned by any Insurrection, or Rebellion, or Invasion, then to be
subject during that time to the Rules, Orders and Instructions
mentioned in the Lord Generals Instructions for Regulating his
Army: And that the said Commissioners or any three of them,
shall have power to Fine such persons as shall refuse, neglect or
delay to send in their Horse, Arms, Dragoons, Horse and Arms,
and Foot-Arms, with their Riders and Soldiers, upon Summons,
for not appearing at Musters and Training-days, the Fine not
exceeding the sum of Forty shillings for every such offence; and
to Fine parties for not appearing with their Horse and Arms upon
any Rebellion, Invasion and Insurrection, the same not exceeding
Twenty pounds, and to be further punished as the Parliament shall
think fitting, by Sequestration or otherwise, And in case of refusal
of payment of the several Fines aforementioned, the said Commissioners or any three or more of them, by Warrants under their
Hands and Seals, are to cause the same to be levied upon the Lands,
Goods and Chattels of the party so offending having Ten days
warning to pay in the said Fine, before levy thereof be made; And
shall and may fine every Constable, or any other fit person, that
shall be nominated and appointed by any three or more of the said
Commissioners to levy the said Fines, and shall neglect or refuse
to do the same; the said Fine for any one offence not to exceed Ten
pounds, or to imprison them until they have paid the said Fine,
or yielded obedience to their Commands: And the said Commissioners or any three or more of them, are to appoint for every
Regiment a Marshal, to see these and all other penalties against
these several Offices, and their Offenders, as is in this Act expressed,
put in execution, as they shall receive Direction from time to time
from any three or more of the said Commissioners; which Penalties
so levyed, are to be accounted for the Service aforesaid, for the uses
of the emergent occasions thereof in the respective counties, &c. the
said Commissioners allowing such Salary to the parties for punishing
such Offenders, and making such Levies, as any three or more
of the said Commissioners shall think fit from time to time to allow.

All former powers for raising Militia void.

And it is Enacted and Declared by the Authority aforesaid
That all Power of Lord Lieutenants, and Deputy Lieutenants
and all former Power, Acts and Ordinances of Parliament, con
cerning the way of Raising the Militia by Trained, or Free-hold
Bands, or Rates, or Taxes for them, shall from henceforth cease
and be no longer of any force or effect.

Commissioners to account for proceedings monthly.

And lastly, the said Commissioners, Monethly or oftner, as there
shall be occasion, are to give an accompt of their proceedings and
actions to the Parliament or Councel of State.

Continuance of Act.

Provided, That this Act, nor anything contained therein, shall
be in force for any longer term then the First day of February,
which shall be in the year of Our Lord, One thousand six hundred
and fifty.